Terms of service
Terms of Service
1. General Provisions
1.1. These Terms of Service apply to all orders placed through https://mycuddlebear.com/ (the "Website"), operated under the brand name MyCuddleBear.
1.2. These Terms of Service govern the legal relationship between the Seller and the Buyer regarding the purchase and sale of products through the Website.
1.3. By placing an order, the Buyer agrees to these Terms of Service, which establish the conditions for purchasing products, payment, delivery, returns, refunds, responsibilities, and other matters related to transactions through the Website.
1.4. MyCuddleBear primarily serves individual consumers. Orders intended for commercial resale or business purposes may require prior written approval from the Seller. Products may not be resold under the MyCuddleBear brand or represented as originating from another manufacturer without appropriate authorization, subject to applicable law.
1.5. Definitions:
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Seller: MB "Darsyk", legal entity code 307156503, registered office at P. Vileišio g. 28-45, LT-10203 Vilnius, Lithuania. Email: support@mycuddlebear.com.
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Buyer: Any individual or entity placing an order through the Website.
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Contract: The purchase agreement concluded between the Buyer and Seller.
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Parties: The Buyer and Seller collectively.
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Order: A purchase request submitted through the Website.
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Consumer: A natural person purchasing products for purposes unrelated to their trade, business, or profession.
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Website: https://mycuddlebear.com/.
2. Contract Formation
2.1. Product descriptions, photographs, and images displayed on the Website are intended to represent the products accurately. Minor variations in color or appearance may occur due to screen settings, lighting, or manufacturing differences.
2.2. The Buyer is responsible for selecting the desired products, quantities, and available product variations before completing the checkout process.
2.3. Adding products to the shopping cart does not create a binding purchase agreement.
2.4. A purchase agreement is formed when the Buyer successfully completes checkout and the Seller accepts the order through electronic confirmation.
2.5. Buyers may review and modify their shopping cart before submitting payment.
2.6. Following successful order placement, an order confirmation will be sent to the email address provided during checkout.
2.7. The Seller reserves the right to cancel or refuse an order for legitimate reasons, including payment failure, product unavailability, suspected fraud, or an obvious pricing error. Any payment received for a canceled order will be refunded in accordance with applicable law.
3. Contract Terms, Language, and Retention
3.1. By placing an order, the Buyer acknowledges these Terms of Service and the Website's Privacy Policy.
3.2. Buyers must provide accurate and complete information necessary for order processing and delivery.
3.3. Personal information is processed in accordance with our Privacy Policy and applicable data protection legislation.
3.4. These Terms of Service are governed by the laws of the Republic of Lithuania. This choice of law does not deprive consumers of mandatory protections applicable in their country of residence.
3.5. Product information, care instructions, and relevant safety information may be provided on the Website, with the product, or electronically.
3.6. The version of these Terms of Service in effect when an order is placed will apply to that purchase.
4. Products and Product Information
4.1. MyCuddleBear offers teddy bears, clothing, accessories, gift sets, and related products.
4.2. Product specifications, available variations, colors, and included accessories are described on the applicable product pages.
4.3. Buyers should carefully review the product description before placing an order.
4.4. Products should be used according to their intended purpose and any provided care or safety instructions.
4.5. The Seller may update product descriptions, pricing, or availability at any time. Such changes will not affect previously accepted orders unless otherwise agreed with the Buyer or permitted by law.
5. Prices and Payment
5.1. Product prices are displayed on the Website in the currency selected or shown during checkout.
5.2. The total purchase price, including applicable taxes and delivery charges, will be displayed before the Buyer confirms payment.
5.3. Available payment methods are displayed during checkout and may include credit or debit cards, digital wallets, and other supported payment services.
5.4. All payments are processed through secure third-party payment providers. Additional terms imposed by those providers may apply.
5.5. The Seller does not guarantee the availability of every payment method in every country.
5.6. Orders will generally be processed after successful payment authorization or confirmation.
6. Delivery Terms
6.1. MyCuddleBear delivers products using third-party shipping and courier services.
6.2. Available shipping destinations, estimated delivery times, and shipping costs are displayed during checkout or in the Website's Shipping Policy.
6.3. Delivery times are estimates unless a specific guaranteed delivery date has been expressly agreed upon.
6.4. The Seller is responsible for fulfilling orders within the agreed delivery period and in accordance with applicable consumer laws.
6.5. Risk of accidental loss or damage generally transfers to the Buyer when the Buyer, or a person designated by the Buyer other than the carrier, physically receives the goods.
6.6. Buyers are responsible for providing accurate delivery information. If an order cannot be delivered due to incorrect information or repeated unsuccessful delivery attempts, additional reasonable shipping costs may apply.
6.7. If a shipment is returned to the Seller because it was not collected, the Seller will contact the Buyer regarding redelivery or a refund, subject to applicable law and any legitimate additional shipping costs.
7. International Orders
7.1. MyCuddleBear accepts international orders to supported destinations.
7.2. Orders delivered outside the European Union may be subject to import duties, customs charges, taxes, or other fees imposed by the destination country.
7.3. Unless expressly stated otherwise during checkout, these additional charges are the responsibility of the Buyer.
7.4. International delivery times may vary due to customs procedures, courier operations, local regulations, or circumstances outside the Seller's control.
7.5. Buyers are responsible for ensuring that the products they order may legally be imported into their destination country.
7.6. Return shipping costs for international orders are generally the Buyer's responsibility unless the products are defective, incorrect, or applicable law requires otherwise.
8. Damaged, Defective, or Incorrect Products
8.1. We aim to ensure that all products arrive in satisfactory condition and match their descriptions.
8.2. If a product arrives damaged, defective, or incorrect, the Buyer should contact support@mycuddlebear.com, preferably within 7 days of delivery, and provide their order number, a description of the issue, and photographs where possible.
8.3. Reporting an issue after 7 days does not remove any statutory consumer rights relating to defective or nonconforming goods.
8.4. Where applicable, the Seller will arrange a repair, replacement, refund, or other appropriate remedy at no additional cost to the Buyer, in accordance with consumer protection law.
8.5. We aim to resolve eligible damaged or incorrect product claims within 10 working days where reasonably possible.
8.6. Any damage visible on the external packaging should preferably be documented upon receipt. Failure to do so does not automatically invalidate a legitimate claim.
9. Product Quality and Legal Guarantee
9.1. All products sold through MyCuddleBear must comply with applicable product quality and consumer protection requirements.
9.2. Consumers in the European Union benefit from a minimum two-year legal guarantee for goods that are defective or do not conform to the sales contract, subject to applicable legislation.
9.3. Where a product does not meet the required standards, the Buyer may be entitled to appropriate remedies, including:
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Repair or replacement;
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A proportionate price reduction;
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Termination of the contract and a refund, where legally applicable.
9.4. The availability and order of these remedies depend on the circumstances and applicable consumer protection law.
9.5. These legal rights apply independently of the Seller's voluntary return policy.
10. Returns and Refunds
10.1. MyCuddleBear offers a 30-day return policy, allowing eligible products to be returned within 30 days of delivery.
10.2. To qualify under our voluntary return policy, products must generally be unused, undamaged, and returned in their original condition, with their original packaging and included accessories.
10.3. Customers are responsible for return shipping costs unless the return results from a defective or incorrect product or applicable law provides otherwise.
10.4. Personalized or custom-made products may be excluded from returns where permitted by law. Products marked as final sale may also be excluded from voluntary returns, but these exclusions do not affect mandatory consumer rights.
10.5. Consumers who qualify for a statutory right of withdrawal may cancel an eligible distance purchase within 14 days of delivery without giving a reason.
10.6. To exercise the statutory right of withdrawal, the Consumer must communicate a clear decision to withdraw from the contract within the applicable withdrawal period. The Consumer must then return the goods within the period required by applicable law.
10.7. A Consumer may inspect goods to the extent necessary to establish their nature, characteristics, and functioning. The Consumer may be responsible for any diminished value resulting from handling beyond what is necessary for that purpose.
10.8. Where the statutory right of withdrawal applies, refunds will include the standard outbound delivery costs where required by law. Additional charges for premium delivery options may be excluded.
10.9. Statutory withdrawal refunds will be processed within the legally required period. Where permitted, reimbursement may be withheld until the Seller receives the returned goods or receives evidence that they have been sent back.
10.10. For eligible returns under our voluntary 30-day policy, approved refunds will generally be processed within 5–10 business days after receipt and inspection of the returned products.
10.11. To initiate a return, contact support@mycuddlebear.com with your order number and reason for return.
10.12. Further details are available in our Return & Refund Policy at https://mycuddlebear.com/.
11. Customer Responsibilities
11.1. Buyers agree to provide accurate billing, contact, and delivery information.
11.2. Buyers are responsible for reviewing product details and selected variants before placing an order.
11.3. Products must be used in accordance with applicable instructions, warnings, and intended uses.
11.4. Buyers must not engage in fraudulent transactions, misuse the Website, or attempt to interfere with its normal operation.
12. Intellectual Property
12.1. The content published on the Website, including original product photographs, graphics, logos, text, and branding, is owned by the Seller or used with appropriate authorization.
12.2. Unauthorized reproduction, distribution, or commercial use of protected Website content is prohibited unless permitted by law or expressly authorized in writing.
12.3. Purchasing a product does not transfer ownership of the Seller's trademarks, designs, or other intellectual property rights.
13. Responsibility and Liability
13.1. The Seller is responsible for fulfilling its contractual obligations in accordance with Lithuanian law and applicable consumer protection legislation.
13.2. The Seller is not responsible for damage caused by improper product use, failure to follow safety instructions, or unauthorized modifications, except where liability is imposed by law.
13.3. To the extent permitted by applicable law, the Seller is not liable for losses that are not reasonably foreseeable consequences of a breach of contract.
13.4. Nothing in these Terms of Service limits or excludes liability for personal injury, defective products, fraud, intentional misconduct, or other matters for which liability cannot legally be excluded or restricted.
13.5. Nothing in these Terms of Service restricts the Buyer's mandatory statutory consumer rights.
14. Force Majeure
14.1. The Seller shall not be held responsible for delays or failures to perform obligations caused by extraordinary circumstances beyond its reasonable control, to the extent permitted by applicable law.
14.2. Such circumstances may include natural disasters, war, governmental restrictions, significant transportation disruptions, or other events that could not reasonably have been prevented.
14.3. Where such events materially affect an order, the Seller will make reasonable efforts to inform the Buyer and provide an appropriate resolution.
14.4. This provision does not remove any rights to cancellation, reimbursement, or other remedies provided by mandatory consumer protection law.
15. Dispute Resolution
15.1. Customers who have questions, concerns, or complaints regarding their orders should first contact the Seller at support@mycuddlebear.com.
15.2. The Seller will review consumer complaints and provide a reasoned written response within 14 calendar days of receiving the complaint, as required by Lithuanian consumer protection law.
15.3. If a dispute cannot be resolved directly, eligible consumers may contact the Lithuanian State Consumer Rights Protection Authority (VVTAT):
State Consumer Rights Protection Authority (VVTAT)
Website: https://www.vvtat.lt/
Consumer complaint portal: https://www.vtis.lt/
15.4. Consumers residing in other EU countries may also seek assistance through relevant consumer protection organizations or alternative dispute resolution bodies.
15.5. Consumers retain the right to pursue legal remedies before competent courts in accordance with applicable law.
16. Changes to These Terms
16.1. The Seller reserves the right to update these Terms of Service to reflect changes in business operations, legal requirements, or Website functionality.
16.2. Updated Terms of Service will be published on the Website.
16.3. Changes will generally apply to orders placed after the revised Terms of Service take effect and will not retrospectively alter existing contracts without a lawful basis.
17. Contact Information
For questions regarding these Terms of Service, orders, deliveries, returns, or customer support, please contact:
Brand: MyCuddleBear
Legal Entity: MB "Darsyk"
Company Code: 307156503
Registered Address: P. Vileišio g. 28-45, LT-10203 Vilnius, Lithuania
Email: support@mycuddlebear.com
Website: https://mycuddlebear.com/